§ 126-115. Application for franchise.

(a)

Form of application. An application for a Franchise shall be made in such form as may be prescribed by the County and shall be executed by an authorized representative of the Franchise applicant. County Staff may require an applicant to file a certified copy of its certificate of incorporation or articles of organization, if any, an Audited Financial Statement, an inventory of capital assets, and other data necessary for the Board to make its determination whether the applicant is qualified for a Franchise under this article. The Board may require the applicant to post a bond, satisfactory to the Board in form and sureties, to guarantee compliance with any conditions imposed by the Board for issuance of a Franchise.

(b)

Nonrefundable application fee. The Franchise applicant shall pay the Board a nonrefundable application fee of $1,000.00 payable with the initial application. This fee shall be paid with the initial application and with each application for an expansion of the Franchise area. At the Franchise applicant's option, and with the written concurrence of the Person causing the request, this fee may be charged to the Person causing the request for expansion.

(c)

Minimum filing requirements. The Franchise applicant shall submit an original and ten copies of its application, which shall provide:

(1)

Full legal name and address;

(2)

The organization's structure, i.e., corporation, limited liability corporation, partnership, limited partnership, individual proprietorship, association, etcetera;

(3)

Certificate of good standing or equivalent from the Florida Secretary of State;

(4)

The names and addresses of all corporate officers and directors or equivalent, or the names and addresses of all Persons owning an interest in the Utility;

(5)

The date the Utility was established;

(6)

Evidence that the Utility owns the land where the Utility water and/or wastewater treatment plants are located or an agreement which provides for the long-term continuous use of the land by the Utility where the water and/or wastewater treatment plants are located;

(7)

A cost of service study supporting the requested rates;

(8)

A legal description of the area to be served using metes and bounds with township, range and section references;

(9)

A general area map indicating the area to be served and a simplified description of the area by referring to streets and other geographical landmarks. Water and/or wastewater plant sites shall be indicated;

(10)

The serial numbers and dates of approval by the State of Florida of engineering plans and specifications for any proposed water or wastewater system and permit numbers and/or dates of issuance of any permits for water systems issued by the Department of Health and/or wastewater systems issued by the Department of Environmental Protection, if available. If not available, a conceptual plan prepared by a licensed professional engineer, including engineering cost estimates, showing the layout of the proposed system which indicates the source of water, method of treatment of potable water and/or wastewater, and method of disposing of effluent;

(11)

A detailed statement of financial condition (balance sheet) of the Franchise applicant showing all assets and liabilities of every kind and character prepared in accordance with the Uniform System of Accounts for Water and Wastewater Utilities;

(12)

A statement of profit and loss (operating statement) of the Franchise applicant for the preceding calendar or fiscal year, if Franchise applicant has operated for such period, or any lesser period if the Franchise applicant has not operated for a full year;

(13)

A statement listing those entities providing the principal funding to the Franchise applicant;

(14)

Audited Financial Statement of the Franchise applicant and/or principal investor(s) if the initial investment in water and/or wastewater facilities exceeds $500,000.00;

(15)

A schedule showing the projected cost of the proposed system(s) by NARUC account numbers and the related capacity of each system in EDUs and gallons per day;

(16)

A schedule showing the projected operating revenues and expenses of the proposed system by NARUC account numbers when 80 percent of the designed capacity of the system(s) is being utilized;

(17)

A schedule showing the projected capital structure including the methods of financing for the construction and operation of the Utility for the initial five years of the development;

(18)

A description of the types of customers anticipated, e.g., single-family homes, mobile homes, duplexes, development amenities, commercial, industrial, etc.;

(19)

A description of the method or methods the applicant intends to use to recover the investments in the plant(s), i.e., by charging system capacity fees or line extension fees, by including an amount in the sales price for lots, residences, etc., or by some other contribution in aid of construction, and/or by including a portion of the investments in the monthly service rates;

(20)

A statement acknowledging receipt of the Sarasota County "Water and Sewer Franchise Utilities Rules and Regulations";

(21)

A copy of any Franchisee's proposed rules, regulations and service availability policy of the Franchisee if different from the Sarasota County "Water and Sewer Franchise Utilities Rules and Regulations"; and

(22)

Such additional information related to items (1) through (21) above as may be required by County Staff or the Board.

(d)

Board determinations. Following a determination by County Staff that the application is complete, the Board may grant, deny, or amend an application upon such conditions as it deems proper, and after requiring such further information as it deems necessary. The Board shall consider whether:

(1)

The application is made in good faith;

(2)

The Franchise applicant has the means to build, install and operate the proposed Public Utility;

(3)

The Franchise applicant has sufficient resources to serve the area for which an application is made;

(4)

The proposed system(s) has sufficient capacity to serve the area for which the Franchise is sought;

(5)

The conceptual plan, showing the layout of the proposed system filed by the Franchise applicant, demonstrates that the source of water, method of treatment of water and/or wastewater, and method of disposing of treated effluent are adequate to protect the public health, safety and welfare;

(6)

The Franchise applicant's proposed rates, fees, and charges are just, reasonable, compensatory and not unfairly discriminatory;

(7)

The application does not conflict with the Franchise Acquisition, Consolidation, Implementation Plan and Wastewater Collection and Treatment Master Plan adopted by the Board on July 27, 1993, amended to include the Reuse Master Plan dated November 8, 1994, as amended, and any subsequent capital improvements programs, utility master plans adopted by the Board or with the Sarasota County Comprehensive Plan;

(8)

Utility service will be needed in the Franchise area and can be provided by the applicant within two years from the date of the application; and that

(9)

Utility service provided by the Franchise applicant will have less economic impact on the customers than service provided by any other utility.

(e)

Construction plans/as-built drawings. The Franchise applicant shall file with the Board copies of the construction plans for the system(s), which must be approved by the appropriate governmental agencies prior to any construction being initiated. Upon completion, a set of the as-built drawings shall be filed with the Board.

(f)

Public hearing requirement. The Board shall hold a public hearing on the application. Notice of the hearing, which shall include the name of the Franchise applicant, the area to be included in the Franchise, the proposed rates and connection charges, the period for which the Franchise is requested, and the time and place of the hearing, shall be published in a newspaper of general circulation in Sarasota County at least ten days prior to the date of the hearing. The Board may alter or reject any of the items set out in the notice without publishing a new notice.

(g)

Cancellation of Franchise. The Board may prescribe a reasonable time by which the authority granted in a Franchise shall be exercised. If the service authorized by the Franchise is not provided within the time prescribed, the Franchise shall be automatically canceled. However, the Board may extend the time for good cause shown if the request for extension is made before expiration of the time prescribed in the Franchise. In such event, the Board may impose such conditions as it deems proper to assure the provision of adequate service at reasonable cost.

(Ord. No. 2016-041, § 2, 9-21-2016)